PC - Item 3A - Modification 12-07 at 8966 Garvey Avenue, Units A-DROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: FEBRUARY 4, 2013
SUBJECT: MODIFICATION 12 -07
8966 GARVEY AVENUE, UNITS A -D
SUMMARY
Debbie Huynh has submitted a Modification application requesting to modify Conditional
Use Permit 06 -1071, to expand the existing On -Sale Beer and Wine (Type 41) ABC
license for All -in Crab Cajun Restaurant located in Units C and D into Units A and B within
the same commercial building, located at 8966 Garvey Avenue, in the C -3 MUDO O -D
(Medium Commercial with a Mixed Use and a Design Overlay) zone.
Environmental Determination:
Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts
projects that consist of the inspections to check for the performance of an operation, or
quality, health, or safety of a project. Accordingly, Modification 12 -07 is classified as a
Class 9 Categorical Exemption pursuant to Section 15309 of CEQA and therefore exempt
from further environmental analysis.
Staff Recommendation
Based on the analysis and findings contained in this report, it is recommended that the
Planning Commission ADOPT Resolution No. 13 -01 with findings (Exhibit "A ") and
APPROVE Modification 12 -07 subject to the twenty -nine (29) conditions outlined in Exhibit
"B" attached hereto.
Property History and Description
The subject site is located at the southwest corner of River Avenue and Garvey Avenue,
within the Rosemead Center shopping center. According to the Los Angeles County
Assessor's records, the site consists of one parcel totaling 42,536 square feet. According
to the Building and Safety Division records, the property is currently developed with two (2)
commercial buildings comprised of multiple tenants.
On July 17, 2006, the Rosemead Planning Commission approved Conditional Use Permit
06 -1071 for the onsite sale of beer and wine in conjunction with a bona fide public eating
establishment. Conditional Use Permit 06 -1071 was originally approved for Crabulous
Restaurant, however, the business was taken over by All -In Crab Cajun Restaurant on
October 2, 2012.
Planning Commission Meeting
February 4, 2013
Page 2 of 17
North Elevation
Site & Surrounding Land Uses
The project site is designated in the General Plan as Mixed Use: Residential /Commercial
(60 du /acre) and on the zoning map it is designated C -3 MUDO O -D (Medium Commercial
with a Mixed Use and a Design Overlay). The development is surrounded by the following
land uses:
North:
General Plan:
Commercial
Zoning:
C -3 (Medium Commercial)
Land Use:
Commercial
South:
General Plan: Mixed Use: Residential /Commercial (60 du /acre)
Zoning: C -3 MUDO O -D (Medium Commercial with a Mixed Use and a Design Overlay)
Land Use: Commercial (Durham Bus Storage)
East:
General Plan:
Mixed Use: Residential /Commercial (60 du /acre)
Zoning:
C -3 MUDO O -D (Medium Commercial with a Mixed Use and a Design Overlay)
Land Use:
Commercial
West:
General Plan: Mixed Use: Residential /Commercial (60 du /acre)
Zoning: C -3 MUDO O -D (Medium Commercial with a Mixed Use and a Design Overlay)
Land Use: Commercial
Restaurant Operations
The applicant is currently operating a full service restaurant. The daily hours of operation
are currently 3:00 p.m. to 10:00 p.m., Monday through Friday, and 12:00 p.m. to 10:00
p.m., Saturday and Sunday. The applicant is requesting to expand these hours from 9:00
a.m. to 12:00 a.m., daily.
Planning Commission Meeting
February 4, 2013
Page 3 of 17
As indicated on the restaurant's menu, which has been attached as Exhibit "E," the
restaurant serves a full array of Cajun style food. The restaurant currently employs 5
employees on the largest shift. The floor plan (attached as Exhibit "C ") indicates that the
restaurant will provide seating for approximately 104 patrons.
Staff has received a worksheet from the State Department of Alcoholic Beverage Control
(ABC), which indicates that the subject restaurant is currently located in a census tract that
has an "undue concentration" of on -sale beer and wine licenses. The number of allowable
on -sale ABC licenses for this census tract is two (2). Currently, there are three (3)
authorized on -sale licenses for this census tract. Although the Department of Alcoholic
Beverage Control has found that there is an "undue concentration" of on -sale beer and
wine licenses for this census tract, the City of Rosemead can, as a policy matter, decide
that clustering these uses is appropriate and a reasonable public policy and land -use
decision.
The Department of Alcoholic Beverage Control has also determined that this location is
not located in a high crime district. The City of Rosemead Public Safety Department
found no unusual situations, concerns or incidences has occurred on the subject site. For
these reasons, the Chief of Police has indicated that they are in support of this request,
notwithstanding the ABC's finding.
The serving of beer and wine as an ancillary use to a full - service dine -in restaurant will not
cause obstructions to pedestrian traffic, vehicular traffic, or parking. Regular inspections
by the State ABC and the Rosemead Public Safety Department will ensure that the
location is monitored and the serving of alcoholic beverages will not result in interference
with children on their way to school, shoppers using streets, or defacement of surrounding
properties. The subject site is not located near any schools or churches. The nearest
school or church is at least 3,000 feet away from the subject restaurant.
Staff feels that this use is consistent with the surrounding commercial properties and
existing land uses in the general area, with no foreseeable negative impacts to the
adjacent neighborhood or adjoining properties. To ensure that the operation of the
proposed use will not be detrimental or injurious to the general welfare of the City, the
applicant has indicated that there are a total of thirteen (13) 24 -hour surveillance cameras
within the restaurant and shopping center. The applicant has also indicated that the
restaurant staff will be trained on the proper serving of beer and wine.
Municipal Code Requirements
Section 17.112.030 (9) of the Rosemead Municipal Code allows on -sale alcohol licenses in
the C -1, C -3, CBD and M zones upon the granting of a Conditional Use Permit by the
Planning Commission. Rosemead Municipal Code Section 17.112.010 sets the following
criteria that must be met:
Planning Commission Meeting
February 4, 2013
Page 4 of 17
A. The granting of such conditional use permit will be in harmony with the elements or
objectives of the General Plan; and
The proposed use is located within an established commercial district of the City
and is designated Commercial in the General Plan. Goal 2 of the Land Use
Element is to expand opportunities for concentrated commercial and industrial uses
that contribute jobs and tax revenues to the community. Granting the Conditional
Use Permit will advance these objectives by allowing the restaurant to enhance
their services, which will potentially bring more customers to the center. It is
beneficial to have commercial uses concentrated within a commercial corridor and a
full - service restaurant with a beer and wine license has the potential to concentrate
uses around it.
B. The establishment, maintenance or conduct of the use for which the conditional use
permit is sought will not, under this particular case, be detrimental to the health,
safety, morals, comfort, convenience or welfare of persons residing or working in
the neighborhood; and
The site will be operated in accordance with applicable City regulations and is in
conformity with the development in and around the project site. Regular site
inspections by the State ABC and the City of Rosemead Public Safety Department
will be conducted to ensure that the location is monitored for compliance with
applicable local, state, and federal laws and shall not be detrimental to the
surrounding communities. In addition, conditions of approval have been added to
protect the adjacent residential neighborhoods from being affected by this
commercial establishment.
C. The establishment, maintenance, and operation of the proposed use applied for will
not, under the circumstances of the particular case, be detrimental or injurious to
the general welfare of the City;
The City anticipates that the proposed use will not endanger or otherwise constitute
a menace to the City or surrounding properties. The sale of beer and wine will be
incidental to the sale of food at this restaurant, and alcohol will not be sold for off-
site consumption. Maintenance and operational conditions have been added to
minimize potential negative impacts to the surrounding neighborhood. These
conditions include, but are not limited to, prohibiting beer and wine advertisements
in the windows of the subject restaurant, requiring that the serving of alcohol at this
location be only during restaurant operating hours; and prohibiting dancing, live
entertainment, or karaoke entertainment without prior approval of an entertainment
business from the Rosemead Planning Division and subject to Section 5.48 of the
Rosemead Municipal Code. In addition, the City of Rosemead Public Safety
Department has found no unusual situation or concern at the subject site.
Section 17.112.100 of the Rosemead Municipal Code states that in addition to the general
findings required for the issuance of a Conditional Use Permit, the Planning Commission,
or on appeal to the City Council, shall find that each of the following facts or conditions
Planning Commission Meeting
February 4, 2013
Page 5 of 17
exist prior to the issuance of a new Conditional Use Permit authorizing the sale of alcoholic
beverages:
D. The proposed use will not present problems including, but not limited to, loitering,
obstruction of pedestrian traffic, increased vehicular traffic, increased parking
demand, crime, interference with children on their way to school, interference with
shoppers using streets, defacement and damage to property; and
The serving of beer and wine as an ancillary use to a full - service dine -in restaurant
will not cause obstructions to pedestrian traffic, vehicular traffic, or parking. Regular
inspections by the State ABC and the City of Rosemead Public Safety Department
will ensure that the location is monitored; and the serving of alcoholic beverages will
not result in interference with children on their way to school, shoppers using
streets, or defacement of surrounding properties. The applicant has indicated that
the restaurant staff will be trained on proper serving of beer and wine, which
includes checking identification to ensure the patron is 21 years of age.
E. The proposed use will not lessen the suitability of any nearby commercially zoned
properties for commercial use; and
The proposed use will not endanger or otherwise constitute a menace to the
surrounding commercial properties as the applicant indicated that there are a total
of thirteen (13) 24 -hour surveillance cameras within the restaurant and shopping
center. Additionally, conditions of approval have been incorporated upon the
issuance of this permit to uphold the integrity of the site and the nearby properties.
Therefore, the proposed use will not lessen the suitability of any nearby
commercially zoned properties for commercial use. The nearby commercial uses
will not be negatively impacted by the restaurant because several restaurants in the
vicinity serve beer and wine. There are also no sensitive uses in the commercial
property in which the restaurant is located that would be negatively affected by the
serving of beer and wine at the site.
F. The use shall not adversely affect the welfare of area residents or result in undue
concentration in the neighborhood of establishments dispensing alcoholic
beverages including beer and wine. Consideration shall be given regarding whether
the proposed use will detrimentally affect nearby residentially zoned communities,
considering distance to residential buildings, churches, schools, hospitals, public
playgrounds, and other establishments dispensing alcoholic beverages.
The proposed use will not endanger or otherwise constitute a menace to the
surrounding properties, as specific conditions of approval will be in effect upon the
issuance of this permit. Although the State Department of Alcoholic Beverage
Control has found that there is an "undue concentration" of on -sale beer and wine
licenses for this census tract, the City of Rosemead can, as a policy matter, decide
that clustering these uses is appropriate. All data obtained from the State
Department of Alcoholic Beverage Control and other agencies is only advisory
Planning Commission Meeting
February 4, 2013
Page 6 of 17
information. The City of Rosemead Public Safety Department has also found no
unusual situations or concerns at the subject site. Furthermore, conditions of
approval outlining acceptable measures to mitigate any potential problems with the
addition of alcohol sales at this property will minimize the impact of undue
concentration.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes
a 300' radius public hearing notice to thirty -three (33) property owners, publication in the
Rosemead Reader, and postings of the notice at the six (6) public locations and on the
subject site.
Prepared by:
Lily Trinh
Assistant Planner
EXHIBITS:
A. Resolution 13 -01
B. Conditions of Approval
C. Site Plan and Floor Plan
D. Map of On -Sale Alcohol Licenses
E. Restaurant Menu
F. Assessor Parcel Map (5282- 010 -030)
Submitted by:
Michelle Ramirez
Community Development Director
Planning Commission Meeting
February 4, 2013
Page 7 of 17
EXHIBIT " A "
PC RESOLUTION 13 -01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 12 -07, A REQUEST TO MODIFY
CONDITIONAL USE PERMIT 06 -1071, FOR THE EXPANSION OF AN
EXISTING ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR
ALL -IN CRAB CAJUN RESTAURANT LOCATED IN UNITS C AND D INTO
UNITS A AND B WITHIN THE SAME COMMERCIAL BUILDING,
LOCATED AT 8966 GARVEY AVENUE, IN THE C -3 MUDO O -D (MEDIUM
COMMERCIAL WITH A MIXED USE AND DESIGN OVERLAY) ZONE
(APN: 5282 - 010 -030).
WHEREAS, on November 20, 2012, Debbie Huynh filed a Modification application
requesting to Modification application requesting to modify Conditional Use Permit 06-
1071, to expand the existing On -Sale Beer and Wine (Type 41) ABC license for All -in Crab
Cajun Restaurant located in Units C and D into Units A and B within the same commercial
building.
WHEREAS, 8966 Garvey Avenue, Units A to D is located in the C -3 MUDO O -D
(Medium Commercial with a Mixed Use and a Design Overlay) zone; and
WHEREAS, Section 17.112.030(9) of the Rosemead Municipal Code allows "on-
sale alcohol licenses in the C -1, C -3, CBD, and M zones upon the granting of a Conditional
Use Permit." Section 17.112.010 sets criteria required for granting such a permit. These
criteria require that the proposed use is deemed:
A. The granting of such conditional use permit will be in harmony with the
elements or objectives of the General Plan; and
B. The establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not be detrimental to the health, safety,
peace, morals, comfort or general welfare of the persons residing or working in
the neighborhood thereof; and
C. The granting of such conditional use permit will not be detrimental or injurious
to the property and improvements in the neighborhood or the general welfare.
WHEREAS, Section 17.112.100 of the Rosemead Municipal Code states that in
addition to the general findings required for the issuance of a Conditional Use Permit, the
Planning Commission, or on appeal to the City Council, shall find that each of the following
facts or conditions exist, prior to the issuance of a new Conditional Use Permit authorizing
the sale of alcoholic beverages:
D. The proposed use will not present problems including, but not limited to,
loitering obstruction of pedestrian traffic, increased vehicular traffic, increased
Planning Commission Meeting
February 4, 2013
Page 8 of 17
parking demand, crime, interference with children on their way to school,
interference with shoppers using streets, defacement and damage to property;
and
E. The proposed use will not lessen the suitability of any nearby commercially
zoned properties for commercial use; and
F. The use shall not adversely affect the welfare of area residents or result in
undue concentration in the neighborhood of establishments dispensing
alcoholic beverages including beer and wine. Consideration shall be given
regarding whether the proposed use will detrimentally affect nearby
residentially zoned communities, considering distance to residential buildings,
churches, schools, hospitals, public playgrounds, and other establishments
dispensing alcoholic beverages.
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission
to approve, conditionally approve, or deny Conditional Use Permits; and
WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the
criteria by which a Conditional Use Permit may be granted; and
WHEREAS, on January 24, 2013, thirty -three (33) property owners, publication in
the Rosemead Reader, and postings of the notice at the six (6) public locations and on the
subject site; and
WHEREAS, on February 4, 2013, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Modification 12-
07: and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination:
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Rosemead as follows:
SECTION 1 . The Planning Commission HEREBY DETERMINES that Modification
12 -07 is Categorically Exempt under Section 15309 of the California Environmental Quality
Act (CEQA) and local environmental guidelines. Projects consisting of inspections to
check for the performance of an operation, or the quality, health, and safety of a project
are exempt from environmental review per CEQA guidelines. Accordingly, Modification
12 -07 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of
CEQA.
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Modification 12 -07 according to the Criteria of
Chapter 17.112.010 and 17.112.100 of the Rosemead Municipal Code as follows:
Planning Commission Meeting
February 4, 2013
Page 9 of 17
A. The granting of such conditional use permit will be in harmony with the
elements or objectives of the General Plan.
FINDING: The proposed use is located within an established commercial district of
the City and is designated Commercial in the General Plan. Goal 2 of the Land Use
Element is to expand opportunities for concentrated commercial and industrial uses that
contribute jobs and tax revenues to the community. Granting the Conditional Use Permit
will advance these objectives by allowing the restaurant to enhance their services, which
will potentially bring more customers to the center. It is beneficial to have commercial uses
concentrated within a commercial corridor and a full - service restaurant with a beer and
wine license has the potential to concentrate uses around it.
B. The establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not, under the particular case, be detrimental to the
health, safety, morals, comfort, convenience or welfare of persons residing or working in
the neighborhood.
FINDING: The site will be operated in accordance with applicable City regulations
and is in conformity with the development in and around the project site. Regular site
inspections by the State ABC and the City of Rosemead Public Safety Department will be
conducted to ensure that the location is monitored for compliance with applicable local,
state, and federal laws and shall not be detrimental to the surrounding communities. In
addition, conditions of approval have been added to protect the adjacent residential
neighborhoods from being affected by this commercial establishment.
C. The establishment, maintenance, and operation of the proposed use so
applied for will not, under the circumstances of the particular case, be detrimental or
injurious to the general welfare of the City;
FINDING: The City anticipates that the proposed use will not endanger or
otherwise constitute a menace to the City or surrounding properties. The sale of beer and
wine will be incidental to the sale of food at this restaurant, and alcohol will not be sold for
off -site consumption. Maintenance and operational conditions have been added to
minimize potential negative impacts to the surrounding neighborhood. These conditions
include, but are not limited to, prohibiting beer and wine advertisements in the windows of
the subject restaurant, requiring that the serving of alcohol at this location be only during
restaurant operating hours and prohibiting dancing, live entertainment, or karaoke
entertainment without prior approval of an entertainment business from the Rosemead
Planning Division and subject to Section 5.48 of the Rosemead Municipal Code. In
addition, the City of Rosemead Public Safety Department has found no unusual situation
or concern at the subject site.
D. The proposed use will not present problems including, but not limited to,
loitering, obstruction of pedestrian traffic, increased vehicular traffic, increased parking
Planning Commission Meeting
February 4, 2013
Page 10 of 17
demand crime, interference with children on their way to school, interference with
shoppers using streets, defacement and damage to property; and
FINDING: The serving of beer and wine as an ancillary use to a full- service dine -in
restaurant will not cause obstructions to pedestrian traffic, vehicular traffic, or parking.
Regular inspections by the State ABC and the City of Rosemead Public Safety Department
will ensure that the location is monitored; and the serving of alcoholic beverages will not
result in interference with children on their way to school, shoppers using streets, or
defacement of surrounding properties. The applicant has indicated that the restaurant staff
will be trained on proper serving of beer and wine, which includes checking identification to
ensure the patron is 21 years of age.
E. The proposed use will not lessen the suitability of any nearby commercially
zoned properties for commercial use;
FINDING: The proposed use will not endanger or otherwise constitute a menace to
the surrounding commercial properties as the applicant indicated that there are a total of
thirteen (13) 24 -hour surveillance cameras within the restaurant and shopping center.
Additionally, conditions of approval have been incorporated upon the issuance of this
permit to uphold the integrity of the site and the nearby properties. Therefore, the
proposed use will not lessen the suitability of any nearby commercially zoned properties
for commercial use. The nearby commercial uses will not be negatively impacted by the
restaurant because several restaurants in the vicinity serve beer and wine. There are also
no sensitive uses in the commercial property in which the restaurant is located that would
be negatively affected by the serving of beer and wine at the site.
F. The use shall not adversely affect the welfare of area residents or result in
undue concentration in the neighborhood of establishments dispensing alcoholic
beverages, including beer and wine. Consideration shall be given regarding whether the
proposed use will detrimentally affect nearby residentially zoned communities, considering
distance to residential buildings, churches, schools, hospitals, public playgrounds, and
other establishments dispensing alcoholic beverages.
FINDING: The proposed use will not endanger or otherwise constitute a menace to
the surrounding properties, as specific conditions of approval will be in effect upon the
issuance of this permit. Although the State Department of Alcoholic Beverage Control has
found that there is an "undue concentration" of on -sale beer and wine licenses for this
census tract, the City of Rosemead can, as a policy matter, decide that clustering these
uses is appropriate. All data obtained from the State Department of Alcoholic Beverage
Control and other agencies is only advisory information. The City of Rosemead Public
Safety Department has also found no unusual situations or concerns at the subject site.
Furthermore, conditions of approval outlining acceptable measures to mitigate any
potential problems with the addition of alcohol sales at this property will minimize the
impact of undue concentration.
SECTION 3 . The Planning Commission HEREBY APPROVES Modification 12 -07
to allow the expansion of the existing On -Sale Beer and Wine (Type 41) ABC license for
Planning Commission Meeting
February 4, 2013
Page 11 of 17
All -in Crab Cajun Restaurant located in Units C and D into Units A and B within the same
commercial building.
SECTION 4 . This resolution is the result of an action taken by the Planning
Commission on February 4, 2013, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 5 . The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicant and to the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 4th day of January, 2013.
Victor Ruiz, Chair
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 17th day of
December, 2012, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
February 4, 2013
Page 12 of 17
EXHIBIT "B"
MODIFICATION 12 -07
8966 Garvey Avenue, Units A to D
CONDITIONS OF APPROVAL
February 4, 2013
1. Modification 12 -07 is approved for the expansion of the existing On -Sale Beer and
Wine (Type 41) ABC license for All -in Crab Cajun Restaurant located in Units C and
D into Units A and B within the same commercial building, to be developed in
accordance with the plans marked Exhibit "C ", dated January 3, 2013. Any
revisions to the approved plans must be resubmitted for review and approval by the
Planning Division.
2. Approval of Modification 12 -07 shall not take effect for any purpose until the
applicant has filed with the City of Rosemead a notarized affidavit stating that
he /she is aware of and accepts all of the conditions of approval as set forth in the
letter of approval and this list of conditions within ten (10) days from the Planning
Commission approval date.
3. The onsite public hearing notice posting shall be removed by the end of the 10 -day
appeal period of Modification 12 -07.
4. Modification 12 -07 is approved for a period of six (6) months. The applicant shall
commence the proposed use or request an extension within 30- calendar days prior
to expiration. The six (6) months initial approval period shall be effective from the
Planning Commission approval date. For the purpose of this petition, project
commencement shall be defined as beginning the permitting process with the
Planning Division and Building and Safety Division so long as the project is not
abandoned. If Modification 12 -07 has been unused, abandoned, or discontinued for
a period of six (6) months, it shall become null and void.
5. Modification 12 -07 is granted or approved with the City and its Planning
Commission and City Council retaining and reserving the right and jurisdiction to
review and to modify the permit -- including the conditions of approval - -based on
changed circumstances. Changed circumstances include, but are not limited to, the
modification of the use, a change in scope, emphasis, size, or nature of the use, or
the expansion, alteration, reconfiguration, or change of use. This reservation of
right to review is in addition to, and not in lieu of, the right of the city, its Planning
Commission, and City Council to review and revoke or modify any permit granted or
approved under the Rosemead Municipal Code for any violations of the conditions
imposed on Modification 12 -07.
6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or
its agents, officers, and employees from any claim, action, or proceeding against
the City of Rosemead or its agents, officers, or employees to attack, set aside, void,
Planning Commission Meeting
February 4, 2013
Page 13 of 17
or annul, an approval of the Planning Commission and /or City Council concerning
the project, which action is brought within the time period provided by law.
7. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved Plans where necessary.
8. The following conditions must be complied with to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits, occupancy
permits, or any other appropriate request.
9. The premises shall be maintained as a full - service restaurant at all times. Kitchen
facilities are required to be open and available for food preparation during operating
hours.
10. Any changes to the conditions of operation listed in this Exhibit "B" must first be
approved by the Planning Commission through a modification application.
11. The sale of alcoholic beverages shall be incidental to the sales of food. No lounge
area may be constructed without prior approval by the Planning Commission.
12. All requirements and appropriate licenses of the State of California and California
State Department of Alcohol Beverage Control shall be complied with and
maintained at all times. No alcohol is to be sold for the purpose of off -site
consumption. Conditional Use Permit 12 -10 is for an On -Sale Beer and Wine (Type
41) alcohol license in conjunction with a bona fide public eating place only.
13. There shall be no dancing, live music, or other live entertainment permitted at the
subject restaurant without prior approval of an entertainment permit through the
Rosemead Planning Division and subject to Section 5.48 of the Rosemead
Municipal Code.
14. No advertisements or illuminated signs shall be displayed that are visible from the
exterior of the restaurant which advertises alcoholic beverages.
15. No karaoke -type machine or audio - visual entertainment system shall be located in
this restaurant without prior approval by the Rosemead Planning Division and
subject to Section 5.48 of the Rosemead Municipal Code.
16. Interior lighting shall be maintained at an illumination level that is typical and
appropriate for a family restaurant.
17. The 24 -hour electronic surveillance system shall include surveillance of arrivals,
departures, and parking areas from the restaurant and shall be available for
inspection by the City of Rosemead Public Safety Department or the Los Angeles
County Sheriff's Department. It is the applicant's responsibility to keep electronic
(tapes) copies of surveillance for a minimum of thirty (30) days.
Planning Commission Meeting
February 4, 2013
Page 14 of 17
18. The property shall comply with all appropriate federal, state, and local laws relative
to the approved use including the requirements of the Planning Division, Building
and Safety Division, Fire Department, and Health Department regulations.
19. The site shall be maintained in a clean, weed, and litter free state in accordance
with Sections 8.32.010, .020, .030 and .040 of the Rosemead Municipal Code,
which pertains to the storage, accumulation, collection, and disposal of garbage,
rubbish, trash, and debris. All trash containers shall be stored in the appropriate
trash enclosure at all times.
20. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected,
and maintained in a clean, safe, and sanitary condition. Any activity related to the
operation of the restaurant involving the handling or disposing waste materials shall
comply with local, state, and federal laws and policies. All landscaped areas
adjacent to the restaurant shall be maintained with adequate landscaping and shall
be maintained on a regular basis including the removal of trash and litter.
21. The site shall be maintained in a graffiti -free state. Any new graffiti shall be
removed within twenty-four (24) hours. A 24 -hour Graffiti Hotline can be called at
(626) 307 -0463 for assistance.
22. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted of the restaurant.
23. The applicant shall keep the electrical and mechanical equipment and /or
emergency exits free of any debris, storage, furniture, etc and maintain a minimum
clearance of five (5) feet.
24. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. All
excessive window signage shall be removed within thirty (30) days from the
Planning Commission hearing date and shall be maintained at all times. Window
signs shall not cover more than 15% of window and glass door areas. Prior to the
installation of any temporary banner onsite, a permit shall be obtained from
Rosemead Planning Division. Wall signs and tenant identification signs shall be
reviewed and approved by the Rosemead Planning Division prior to the installation.
25. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to 9:00 a.m. to 12:00 a.m., daily.
26. All unpermitted signs shall be removed within thirty (30) days from the Planning
Commission hearing date.
27. All exterior holiday lighting shall be removed within thirty (30) days from the
Planning Commission hearing date.
Planning Commission Meeting
February 4, 2013
Page 15 of 17
28. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles
County Sheriffs Department incident reports, the City shall have the right to require
additional security measures.
29. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
"
• O N 11. 21-10 a 4
C , .0 Elizabeth
~�~~ '_. New um< New New O
C teals Ste n ?
n 1 Stevens o 3
m afyy' ;F ProsPect Prospect m 0 G d n /
a m r°~ av u 3 Ackson 3 3 oA v tp T
Isabel
Evet n 3 0 OA (f
O m 4e
9 del Mar d del Moro S
D xa F ' .o y �� ?9 ¢ BrlgMo��y i O N
° D ort �g� xy a Strathmore < m S S Stn:lh,nnru r a
e 5' Denton g Or +nlwr n
Noil Armsbon g 1 , d, Kelbum " Lola nHe Lalayelle (D
Felling Leal wrgloN Y 7
F,r q -o m Eckhed Eckhart o� CalM
fmn N
a� ry o F Pln¢ Pine �1
Amman! = � Pin,,
�ay, p ° 22 San Oboist e " Sen Gahrl,l [)
lMs nre a + — s �+ Gladys S Gladys Twin Twln Gladys n" G ad m 0
ge E m m. Charlotte Charlotte Chariots GY
a adon GaYdon � arlotto e
emN y Charlotte
§ - 3 Charlotte Charlotte s g -
A Angelus m Angelus Date, - Sunshine — — - rt
Delta snteBu\r >< Doha +�° Delta Delta } Charietta Delta —1 m Dena Earle
rQ L o a 3 Bartlett
Ea Earle pdoibuel Stalk O �Eade� r_ Eane Yv V
2
I
Walnut GOVe ' i m Walnut Grove Rocktoltl J � rt , —I PA a °-
WIlard Willard m" a I ' /N _
Palley 3 rte. n �HtaH Buro
t $ Burton rt Barlett In
S3 P S - — �...,. a Prase esa el u Barlett c uawmJ Bartlett E i o = M1latl
R ..
.m `F S Dubonnet _ n cD $ l ° Muscatel A b g, Muscatel 141, S m ct Fendyke `Ili r
v or v
� � m SHn a '� Ivor R oa
' t 9 a Greendale Ivor m Ivor N m O< Ivor
Pa " 0
River I+ Rosemead � $ M9 � tm Rosemead
�
ayt0 Sullivan ❑gyp. I m � 3 m Sultana
— pile
�I III 5 a d p s
L+�nla m S46 Aern�ot H da
Lnn Em.milal
N Tr!n' a F L a C10" :n Ar
p
t u;t
� R do
crawl S
d •u,ne I I ILeshhmok > °0'roH
Sri mW"
'F WeA Easy °aPH
Fletcbnr'. ° Elk
< ' o RVanoq
Temple CM1Y E .,D FtP e152rd
O Brookline y H
Q'.
Strang
Co J Ir � �
3 D Z ��J LF� ` .? Ro `-
_. .Kalo in F u mce
�I
d
Planning Commission Meeting
February 4, 2013
Page 16 of 17
EXHIBIT "E"
All -in Crab
Cajun Restaurant
8966 Garvey AveRC, Rosemead, CA 91770
Tel: 626 - 569-0139
BREAKFAST: MON -SUN 9AM -1PM
DINNER: MON- FRI3PM -10PM
SAT -SUN 1PM -10PM
BREAKFAST:
1. Com So Luc Lac
$5.95
(SlEding Beef Cube over Steamed Rice)
2. Chao Long
sm. $5.95 Ig: $6.95
(Pork Porridge)
(Coke, Diet Coke, Sprite, Lemonade,
3, Chao Ca
Sm $5.95 Lg: $6.95
(Fish Porridge)
Water
4. Chao Vit
Sm: $5.95 Lg: $6.95
(Duck Porridge)
S. Canh Bun Sm: $5.95 Lg:$6.95
(Crab Paste Vermicelli Soup)
6. Bun Riau Sm:: $5.95 Lg: $6.95
(Crab Paste Combination Vermicelli Soup)
7. Bun So Hue Sm: $5.95 Lg:$6.95
(Spicy Beef Noodle Soup)
B. Bun Thit Xab (8o hoax: Hen) $5.95
(Stir Fried Beef or Pork over rice noodle)
9.9anh Tam BI $5.95
(Shredded Pork and Egg Rolls over Thick Rice Noodle)
Drinks:
Black French Coffee
$1.75
Ice Coffee w/ Condense Milk
$2.00
Soda: One size w/ free refills
$2.00
(Coke, Diet Coke, Sprite, Lemonade,
Rasberry Iced Tea, Orange, Mr. PKbbs,
Root Beer)
Water
$0.25
Bottle water
$1.00
* * *No beer will be served during breakfast hours.) ***
DINNER:
Crawfish ( Seasonal) ... _. .... .............. ..... ...... $ Market Price
Dungeness Crab (Seasonal) ..... .......... $ Market Price
King Crab Legs & Claws ........... .... __. ....... ..$ Market Price
Blue Crab ( Seasonal)..._._...... ,_........,. $ Market Price
Snow Crab ( Seasonal) .... ... .............. ......... $ Market Price
Red Crab ( Seasonal)_...._ --- ------- _........__,$ Market Price
Shrimp (whole Shrimp )_.,., ................ :._.$ Market Price
Oyster [Raw)..._.__ ..................$7.99 /6 $13,99/12
Live Lobser ( Seasonal ) .......... ....... ... _ ....... $ Market Price
Lobster Tail ( Seasonal ) ...... _.._._....__....._.$ Market Price
Clams..._..._...._.._., .................. ....
...._�._.$ 9.99f Ib
-*- S (two)freecomoothe cob per Zlbs. of crswbshP•�
Pick your Fi vor Spice -O -Mater
Original Cajun Non Spicy
Lemon Pepper Medium
Garlic Butter Hot
All4n Medley
peostaf B+enhm)
On the Side
Sausages ..... ...... x .................$1.99 /6 pcs. $2.99/12 pos.
Cajun Fries ...... ........
... „....__._.._M......,.,_$2.99
Conn on the Cob ................. .... , ........ ... .... $.75 / ea.
P otatoes :............ __......._._................... ........ $.99/2
Sweet Potato Fries....... .................. _.... ...... $3.99
Fried Banana Cheese Coke .................. »..$4.99
Fried Cheese Cake ..... ................. .........._.$4.99
Ste amed Rice ..... ............... _ ................ ... .$1.25 / ea.
French ............. ... _.. ... ... ................_ .....
Catfish Sanwich (Cajun Style) ........ ...... _.... 3A9
Extra Condiments......... ._...._..._..__...._. - ....5.50/ ea-
(pRCbutte, k"up1mayo, xand,,000tallSauct ecy
Getting Readyl
C rab Cakes ..................._........... .....................$8.99 /apes.
Fried Catfish w/ Cajun Fries. ...............I....$8.99
Fried Catfish only ._..._ ........... „.,..........,,,...$6.00
Fried Catfish w/ Sweet Potato fries .... ... $9.99
Fried Shrimps w/ Cajun Fries ._ ...... .......... $8.99
Fried Shrimps only ........ ................... ..W „.,$6.00
Fried Shrimps w/ Sweet Potato Fries _.....$9.99
Fried Oysters ..... ........... ........ ....
......„..._...$9.99
Fried Calamarl ......... ....... ......
Cajun Wings ....... ..... ........... $4.99 /6pes. $6.99/10 lies.
Crab Soup .__ .................... .......__ ... : ............. $2.99 ea.
Mussels ........... _ ................ ...._....._..._ ..... $399 /6 PCs.
er:
Igindi Beer lace, Bud ughk Mkhe1ob,_).._. $2.50
Imported Beer IHewde , coar, xkhh..l
Planning Commission Meeting
February 4, 2013
Page 17 of 17
EXHIBIT "F"
1- 800+345.7734
��$2 �Q rtt lR)w aw! ww� essmlooesmlal
! 911YX raMIOU]E!W! ! %NflkVA6NJ/
naJ.wrma °tw•yn
T1
I
aerul�maor4�uce
swlllFno y.0 iae�sle! o �E [u r gg��
I edOFL65�IGt'16
° 'JPY�YAIlQ 1�
1999
6
N
y
I
®I I ° C -TRACT NO 43336
V j
n
._IsQI<QI Q
a
'
1 I 4-
I- I 1
®
m . I
.�lg
M B
109t . 20 2i
_
OF i
SUBJECT
SITE
5
P6
ax
26
,..,._ _!�
,�
PG
— d T y
O ny y'
m
F
Z
`
R�
K